Term
| What distinguishes criminal justice officials from other public servants? |
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Definition
| Criminal justice involves the use of coercion and many opportunities to abuse power. Criminal justice professionals are public servants and owe duty to citizens they serve . Make students aware of issues and provide tools to identify and resolve dilemmas they are likely to face! |
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Term
| Why does Braswell say it is important to study ethics? |
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Definition
| Become aware of ethical issues, Develop critical thinking skills, Accept personal responsibility for one’s actions, Understand the coercive elements of the criminal justice system, Develop wholesight – what Pollock/Braswell calls the ability to act with one’s heart and one’s mind |
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Term
| Meta ethics (Branches of Ethics) |
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Definition
| The technical investigation of the meaning of ethical terms and how ethical statements can be verified |
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Term
| Normative ethics (Branches of Ethics) |
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Definition
| Definition of right conduct and moral duties |
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Term
| Applied ethics (Branches of Ethics) |
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Definition
| Application of ethical principles to specific issues |
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Term
| Professional ethics (Branches of Ethics) |
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Definition
| Examination of the behavior of certain professional groups |
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Term
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Definition
| Actions an individual must perform to be considered moral/to be considered good |
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Term
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Definition
| An act that goes beyond duty and is not required to be considered good or moral. Example: World Trade Center Acts by police & fire |
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Term
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Definition
| General obligation with no specific acts (generosity) |
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Term
| What are the best known ethical systems we have discussed? |
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Definition
| Ethical Formalism, Utilitarianism, Religion, Natural Law, Ethics of Virtue, ethics of care, & Egoism. |
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Term
| How do ‘values’ fit within various ethical systems? |
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Definition
| The values of life, respect for the person, and survival. |
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Term
| What sorts of behaviors are judged under ethical standards? |
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Definition
| 1) an act 2) that are human and 3) of free will 4) that affect others. |
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Term
| How does Pollack recommend we analyze ethical dilemmas? |
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Definition
| 1) Identify the facts, 2) Identify relevant values and concepts, 3) Identify all possible moral dilemmas, 4) Decide what is the most immediate moral or ethical issue facing the individual, 5) Resolve the ethical or moral dilemma by using an ethical system or some other means of decision making. |
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Term
| Deontological Ethical Systems |
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Definition
| Good is defined by the inherent nature of an act |
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Term
| Teleological Ethical Systems |
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Definition
| Good is defined by results. |
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Term
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Definition
| A deontological system. Good will (motivation) is only thing that is intrinsically good. Duty is required behavior. It is self imposed and necessary to morality. Only if help derives from good will is it truly good. |
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Term
| Hypothetical Imperative (Ethical Formalism) |
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Definition
| Drive us to achieve certain ends. Are consequential in nature. Are neither moral or immoral. |
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Term
| Categorical Imperatives (Ethical Formalism) |
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Definition
| Are absolute. Are based on good will. Determine morality. You must not lie. |
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Term
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Definition
| An action’s morality depends on how much it contributes to the good of the majority (society). Humans seek to maximize pleasure and avoid pain. Here, the rights of the individual may be sacrificed for the good of many. Good equals the greatest good for the greatest number. |
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Term
| Aristotle was a very famous philosopher. What did he say about the ethics of virtue? |
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Definition
| True virtue is the median between the extremes of nature – the ‘golden mean’. People by nature are neither good nor evil but develop virtues through practice – just like any other strength. Moral virtues come from habit. Those with good character will do the right thing in most cases. (Tell the grocery clerk they gave us the wrong change.) |
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Term
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Definition
| Based on nurturance and meeting the needs of people – more of a feminine morality. Contrasted with other Western systems of ethics focusing on rights and laws. Emphasis is on needs rather than rights. Closer to the rehabilitative ethic than the just-deserts model. Based on needs rather than retribution. Peacemaking/compassion (Braswell and Gold) |
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Term
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Definition
| Is based on what is good for one’s own survival and personal happiness. |
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Term
| All discussions of justice have three continuing themes. What are they? |
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Definition
| Fairness - equal treatment, Equality - similar cases should be treated equally, Impartiality - fair treatment without bias |
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Term
| Know the characteristics of Rawls’ ‘veil of ignorance’. |
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Definition
| Decisions about distribution should be made without regard to one’s status because justice and fairness are in everyone's rational self-interest. Policymakers should do their best to ask how a policy would affect the most disadvantaged member of society. Typically, we make policies for other people, knowing they will never apply to ourselves. |
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Term
| There are two important features of corrective justice. What are they? |
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Definition
| Substantive Justice and Procedural Justice |
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Term
| Substantive Justice (Corrective Justice) |
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Definition
| Based on the concept of ‘just deserts’ (punishment proportional to the degree of harm incurred). Involves the determination of a “fair” punishment. Criminal justice focuses on a punishment system over a remedial system. |
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Term
| Procedural Justice (Corrective Justice) |
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Definition
| Based on the concept of law and rules. Involves steps taken to determine guilt as well as punishment. |
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Term
| Retributive Justice (Philosophy of Corrective Justice) |
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Definition
| Based on the concept of balance. Perpetrator must suffer pain or loss proportional to the victim’s (an eye for an eye; a tooth for a tooth) Lex talionis: a vengeance-oriented form of retributive justice concerned with equal retaliation. Difficult to agree upon a fair degree of punishment in situations that involve mitigating factors and partial responsibility. Difficult to measure the suffering or loss in incarceration (most typical modern punishment). |
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Term
| Utilitarian Justice (Philosophy of Corrective Justice) |
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Definition
| Based on the concept of “good for all”. Justice requires punishment be for the greatest good. Bentham’s ‘hedonistic’ calculus. Attempt to determine punishment in order to deter future violations. Punishment is prescribed on the basis of perceived deterrence. Treatment is acceptable because it supports deterrence. |
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Term
| What is the emphasis of restorative justice philosophy? |
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Definition
| Emphasizes the victim over the offender, and compensation over retribution. Returns focus to rights and needs of the victim. Requires restoration of victims, offenders, and communities injured by crime. Integrates victims, offenders, and communities more fully into the justice process. Leaves government responsible for order, but makes community responsible for peace. |
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Term
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Definition
| Recent research suggests individuals may be predisposed to certain types of behavior due to the biology of their brains. Research indicates multiple areas of the brain may be involved in moral cognition. |
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Term
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Definition
| All behavior is learned, therefore ethics is function of learning rather than reasoning. |
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Term
| Frontal Lobe Damage (Biological Theories) |
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Definition
| May result in increased impulsiveness, decreased attention span, difficulty in logical reasoning and following instructions, and antisocial behavior. Injuries to different areas of the brain may affect moral reasoning, emotional reactions, and rational thinking. |
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Term
| Sexual Differences (Biological Theories) |
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Definition
| Inherited Traits. Men’s brains function differently than women’s. Statistically, men are more likely to be antisocial, to have serious childhood conduct disorders, and to commit more serious and harmful offenses. |
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Term
| Socio-biology (Biological Theories) |
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Definition
| Certain traits support the survival of the species. Moral “senses”: sympathy, fairness, self-control, and duty. Individual inherited traits or group selection (evolution) Morality seems to lie in the inferior parietal lobe (rationality) but also in the “emotional” center of the brain (amygdala). |
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Term
| Bandura suggested ways individuals can justify hurtful behavior. What are they? |
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Definition
| Selective disengagement, such as Moral Justification, Euphemistic Labeling, Advantageous Comparison, Displacement of Responsibility, Diffusion of responsibility, Distortion of the consequences, Dehumanization |
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Term
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Definition
| Appeal to a higher end (e.g., terrorists who are fighting for a cause) |
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Term
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Definition
| Downplaying the seriousness of actions (e.g. "Collaterall damage"). |
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Term
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Definition
| Act isn't as bad as some others (e.g., "What was done at Abu Ghraib wasn't as bad as what the insurgents did who cut off the heads of civilian contractors.") |
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Term
| Displacement of responsibility |
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Definition
| Denies culpability (e.g., "I was only following orders.") |
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Term
| Diffusion of responsibility |
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Definition
| Mob Actions, such as a riot. |
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Term
| Distortion of the consequences |
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Definition
| Misidentifying the consequences of one's actions (e.g., CEO who gives the order to pollute merely requests that the problem be "taken care of"). |
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Term
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Definition
| Process to strip the victim of any qualities of similarity that may create sympathy (e.g., the use of terms such as gooks, pigs, etc.). |
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Term
| Pre-conventional Morality (Kohlburg) |
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Definition
| Stage 1, Ideas of punishment and ordinance. Individualism and purpose leads to positive reinforcement and self interest. Not internalized morality. |
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Term
| Conventional Morality (Kohlburg) |
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Definition
| Stage 2, the stage of reasoning. Wanting to be a good boy or good girl. Morality in the social system, don't want chaos, makes sacrifices to maintain order. Partially internalized morality. |
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Term
| Post Conventional Morality (Kohlburg) |
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Definition
| Stage 3, Thoughts of whether a law or rule is a good law. Makes choices, has opinions, and values justice. Judges whether a good or corrupt law. Universal Ethics Principle, begin to act on conscience rather than only the law. Internalized morality. |
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Term
| Criticisms of Kohlburg's Moral Development |
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Definition
| Too focused on thought rather than behavior. The truth is people may talk about morals, but they may never act upon them. Too Optimistic. Also, the ideas of moral is culturally biased because there are other ways of looking at morality outside of the western world. |
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Term
| How do individuals learn to act more ethically as they grow and mature? |
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Definition
| Being in situations where seeing things from other points of view, engaging in logical thinking, having responsibility to make moral decisions, being exposed to moral controversy, being exposed to the reasoning of individuals whose thinking is one stage higher, and participating in creating and maintaining a just community who pursue common goals, resolve conflict based on fairness and respect. |
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Term
| Be familiar with ‘ethical organizations’ and the influence of their leaders. |
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Definition
| Strong leadership involves caring and commitment to the organization. Idealistic realism: the ability of good leaders to acknowledge and understand social realities while avoiding the trap of cynicism. Ethical leaders possess vision and moral responsibility and engage in enlightened reasoning. |
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Term
| Herbert Packer’s crime control |
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Definition
| 1) Repression of criminal conduct is the most important function, 2) Failure of law enforcement means the breakdown of order, 3) Criminal process is the positive guarantor of social freedom, 4) Efficiency is a top priority, 5) Emphasis is on speed and finality, 6) A converyor belt is the model for the system. |
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Term
| Herbert Packer's Due Process Model |
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Definition
| 1) There is a possibility of error, 2) Finality is not a priority, 3) There is insistence on prevention and elimination of mistakes, 4) Efficiency is rejected if it involves, 5) Protection of process is as important as protection of innocents. 6) The coercive power of the state is always subject to abuse. |
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Term
| Community policing can lead to ethical pitfalls for police officers. What are they? |
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Definition
| Gratuities may be an issue for officers who are expected to create and maintain close ties to the community. The officer’s discretion in enforcing the law may be compromised by personal relationships. Increased autonomy and decreased supervision may provide greater opportunity for misconduct. Post 9/11 move toward immigration control and counter-terrorism may diminish community policing. |
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Term
| Authority (Carl Klockars' Principal Elements of Police Control) |
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Definition
| Entitlement to unquestioned obedience that derives from fulfilling a specific role (like teachers and professors?). |
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Term
| Power (Carl Klockars' Principal Elements of Police Control) |
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Definition
| the threat behind the authority. |
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Term
| Persuation (Carl Klockars' Principal Elements of Police Control) |
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Definition
| The use of signs, symbols, words, and arguments to induce compliance. |
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Term
| Force (Carl Klockars' Principal Elements of Police Control) |
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Definition
| The authority to use physical coercion to overcome the will of the individual. |
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Term
| Factors that lead to a police subculture |
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Definition
| Typically form a homogenous social group, Have a uniquely stressful work environment, Participate in a basically closed social system. |
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Term
| William Bratton, former chief of Los Angeles and New York City, was a major policing leader for decades. Be familiar with his innovations. |
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Definition
| Zero Tolerrance Policy. Police took an aggressive stance against street people and minor criminals, especially those in the Times Square area and subway system. New York City enjoyed a dramatic decline in crime. Also used “CompStat” which is form of accountability. Found that accountability is the key to an efficient and ethical police department. |
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Term
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Definition
| Another code name for the code of silence of the practice of police officers to remain silent when fellow officers commit unethical actions. Facing the wrongdoing of a fellow officer is a police officer’s most difficult ethical dilemma, present in police work and is also present in other occupations and professions. A form of noble-cause corruption. |
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Term
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Definition
| Involves officers employing unethical means to catch criminals because “it’s the right thing to do”. Perceived by officers as fulfillment of their profound moral commitment to make the world a safer place to live. |
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Term
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Definition
| Occurs when an officer uses a “profile” to stop a driver usually to obtain a consent to search a vehicle. Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts. Race may be used as one element in decision to stop, but not the sole element. |
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Term
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Definition
| The law allows race to be considered as only one element in deciding to stop an individual. |
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Term
| Arizona "show me your papers" laws |
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Definition
| An officer may be legally obligated to ask for proof of citizenship if there is a reasonable suspision that the individual is here illegally. |
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Term
| Deviant Lying by the Police |
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Definition
| To cover up violations of the law, in court, reports or to the organization. |
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Term
| Legitimate Goals of Deviant Lying |
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Definition
| Necessary evils to carry out duties. |
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Term
| Illegitamate Goals of Deviant Lying |
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Definition
| To Protect themselves or fellow officers |
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Term
| Accepted Lying by the Police |
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Definition
| Public accept the lie to serve the purpose of their jobs. Undercover operations. To media and the public about investigation details, to deny or plant wrong information to throw off a suspect or protect victims or witnesses. |
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Term
| Tolerated Lying by the Police |
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Definition
| Necessary evils to lie in interrogations in order to get a suspect to comply or testify. |
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Term
| What types of problems can informants cause police agencies? |
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Definition
| Getting too close and/or engaging in love affairs with them, overestimating the veracity of the information, being a pawn of them who takes advantage of the system for money, creating crimes by letting them entrap people who would not have committed a crime without coercion, engaging in unethical behavior with them, letting them invade personal lives, and using coercion and intimidation is make them cooperate. |
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Term
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Definition
| When police encourage or entice a person to commit an illegal act. Allows police to tempt former offenders who might otherwise not have been tempted. May rely on hearsay and rumor. May stigmatize the individual charged. Allows police to choose their own targets. Degrades the criminal justice system through the use of deceit. |
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Term
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Definition
| Police officers initiate investigations rather than simple respond to crimes. |
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Term
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Definition
| A crime has already occured and the police sift through clues to determine the perpetrator. |
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Term
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Definition
| Any kind of physical restraint when dealing with a citizen. A small part of policing. Lawful force is force that is reasonably necessary for lawful purpose. |
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Term
| Unnecessary Force (Types of force) |
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Definition
| No force needed in encounter, but the police use it anyway. |
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Term
| Excessive Force (Types of force) |
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Definition
| Force was required, but too much was used. One of the most serious and divisive human rights. violations in the U.S., Continuum of force (escalation because of resistance). It depends on discretion of the individual officer. Individuals who question or refuse to recognize police authority become vulnerable to this. |
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Term
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Definition
| 1973 study in New York to investigate corruption. Determined types of officer corruption as Grass eaters—accepting bribes, gratuities, and unsolicited protection money. Meat eaters—shakedowns, “shopped” at burglary scenes, and engaged in more active deviant practices. |
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Term
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Definition
| 1991 study Formed in aftermath of the Rodney King beating. Investigated the Problem of excessive force – few officers with many sustained complaints who were not disciplined. Racism and bias – discriminatory language and treatment of suspects, citizens and fellow officers. Ethnic, racial, gender and sexual orientation discrimination. Encouraged Community policing model – current organizational structure that emphasizes crime control over crime prevention. Recruitment – better background investigations and psychological screening of new officers. Improved cultural awareness training and supervision by field training officers |
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Term
| What are the major types of corruption and misconduct found worldwide. |
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Definition
| Kickbacks, authority, opportunistic theft, shakedowns, protection of illegal activity, internal payoffs, and excessive force. |
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Term
| Individual explanation of Police Deviance and Corruption |
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Definition
| “Rotten-apple” argument (Officer was deviant before hiring) Development of a police personality (officer becomes deviant after hiring) Possible predictors: gender, age, education, race, military experience, academy performance, prior history of wrongdoing. Minor offenses create negative atmosphere. Target: screening/recruiting process; training. |
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Term
| Organizational explanation of Police Deviance and Corruption |
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Definition
| Poor management and supervision “Noble Cause” (improper rewards) Corruption continuum (Trautman) - Administrative indifference toward integrity - Ignoring ethical problems - Hypocrisy and fear - “Survival of the fittest” Continuum of compromise (Gilmartin & Harris) - Sense of victimization - Cynicism and entitlement - Wrongdoing |
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Term
| Systemic/Societal Explanation of Police Deviance and Corruption |
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Definition
| If the public does not comply with the law, officers may rationalize non-enforcement of the law. If the public engages in illegal activities, officers may feel justified in doing the same. If the public believes crime control is more important than due process, police will act on that message. |
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Term
| What are the various theories and practices for reducing police corruption? |
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Definition
| Rotten apple responses Increase pay Eliminate unenforceable laws Establish civilian review boards Improve recruitment, screening, training Improve leadership Set realistic goals and objectives Provide ethical leadership Provide a written code of ethics Provide a whistle-blowing procedure that ensures fair treatment for all parties Improve testing and screening |
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Term
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Definition
| Physical abuse (excessive force, physical harassament), Psychological abuse (disrespect, harassment, ridicule, excessive stops, intimidation), Legal abuse (unlawful searches or seizures, manufacturing evidence) |
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Term
| Profit motivated crimes (Police Crimes) |
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Definition
| All offenses, except those that are drug related, with the goal of profit |
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Term
| Off-duty crimes against persons (Police Crimes) |
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Definition
| All assaultive, non-profit related crimes off-duty |
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Term
| Off-duty public-order crimes(Police Crimes) |
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Definition
| most commonly DUI and disorderly conduct |
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Term
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Definition
| all crimes related to possession, sale, conspiracy, and failing departmental drug tests |
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Term
| On-duty abuse (Police Crimes) |
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Definition
| use of excessive force, psychological abuse, or discrimination |
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Term
| Obstruction of justice (Police Crimes) |
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Definition
| conspiracy, perjury, official misconduct, and all other offenses with the goal of interrupting justice. |
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Term
| Administrative / failure to perform (Police Crimes) |
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Definition
| violating one or more departmental rules, policies, and procedures |
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Term
| Conduct-related probationary failures (Police Crimes) |
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Definition
| simple failure to meet expectations. |
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Term
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Definition
| An officer uses his or her position, by act or omission, to obtain improper financial benefit, bribes, extra-job policy abuse, gratuities (may be criminal or not). Personal gain. |
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Term
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Definition
| holds individuals are naturally selfish and anything else is a rationalization. People are selfless only because they derive psychic pleasure from it. |
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Term
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Definition
| puts the individual first and ahead of society. |
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Term
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Definition
| states that persons should be self-interested and limit government (Ayn Rand and libertarians) |
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